SHOBHA Vs. VIVEKANAND SAVALARAM SONGAONKAR

JUDGEMENT

(1.) By consent the petition taken up for hearing.

(2.) The Respondent filed a suit for possession of the suit premises being Suit No. 141 of 1995. The said suit came to be decreed exparte on 12-2-1996. When the warrant of possession was issued by the Executing Court on 24-1-1997, the Petitioner came to know about the exparte decree. Hence the petitioner filed an application Exh.18 on 12-2-1997 objecting execution. By order dater 21-3-1997 the learned Joint Civil Judge, J.D.Baramati rejected it. Thereafter substantive first appeal was preferred before the Learned Additional District Judge, Baramati on 2-5-1997. The application bearing Civil Misc. Application No.13 of 1997 for condonation of delay in filing the first appeal was filed. However, the said application came to be rejected by the Learned Additional District, Baramati by order dated 24-10-1997. Hence this Writ Petition.

(3.) I find that main ground given for rejecting the application for condonation of delay is that the Petitioner had raised objection to the execution and hence she was not prepared to file the appeal. The Learned Judge held that delay was caused because of the objection raised by the Petitioner for execution and if the Petitioner would have filed the appeal, then there would not have been much delay. It is difficult to subscribe to the said reasoning. The Petitioner has taken steps as provided by law and her main concern was to stop the execution. No fault can be found for taking such step.